So Much to Fear - War Crimes and the Devastation of Somalia, HRW Report Recommendations

In a previous article entitled "Terrorist State ‘Ethiopia’ to Be Punished for Evil Role in Somalia – HRW Report Summary" (http://www.buzzle.com/articles/terrorist-state-ethiopia-to-be-punished-for-evil-role-in-somalia-hrw-report-summary.html), I re-published the Summary of the HRW Report on Somalia.

The 104-page report, "So Much to Fear: War Crimes and the Devastation of Somalia," describes how the Somali Transitional Federal Government (TFG), the Ethiopian forces that intervened in Somalia to support it and insurgent forces have committed widespread and serious violations of the laws of war. Frequent violations include indiscriminate attacks, killings, rape, use of civilians as human shields, and looting. Since early 2007, the escalating conflict has claimed thousands of civilian lives, displaced more than a million people, and driven out most of the population of Mogadishu, the capital. Increasing attacks on aid workers in the past year have severely limited relief operations and contributed to an emerging humanitarian crisis.

In the present article, I republish the Recommendations, a critical part that illuminates what should be done and what should not be done to ease the humanitarian disaster that has befallen on Somalia. The recommendations do not indicate a political solution, but this is not the matter of the utmost urgency for Somalia. What is the top priority for multi-divided Somalia today is of humanitarian order; the factors that exacerbated the political crisis and triggered the humanitarian disaster must be properly dealt at the international level. The world community should act immediately to render all the Somali drama factors practically unable to further harm the average Somalis who are caught in the middle of the fight.

The departure of the Abyssinian forces of occupation and the demolition of the TFG structures are the two measures that will open the way for humanitarian improvement and political pacification of Somalia. In forthcoming articles, I will republish further parts of the HRW Report.

Recommendations
http://www.hrw.org/en/node/76418/section/5

There is no "quick fix" to Somalia's complex and multilayered conflict, but a broad array of local, regional, and international actors have roles to play in making possible an end to the abuses described in this report. Many of the same actors had a hand in laying the groundwork for the catastrophic situation in Somalia to begin with. The primary responsibility for ending the ongoing abuses that have marked the conflict lies with the parties who are fighting it. But this is only possible with strong pressure and support from key foreign governments and multilateral institutions.

International actors must first abandon policies that have exacerbated Somalia's downward spiral. They must also insist upon an end to the impunity that has fueled the worst abuses-and the right place to start is by moving the UN Security Council to establish a Commission of Inquiry to document abuses and lay the groundwork for accountability. The underlying causes of Somalia's human rights catastrophe are numerous and varied. Understanding those causes and how they have built upon each other is a prerequisite to any future effort to ensure accountability for past abuses and prevent similar patterns of abuse from emerging in the future. UN Security Council action to establish a Commission of Inquiry would be the clearest signal the international community can send that it is serious about wanting to see accountability for war crimes and serious human rights abuses in Somalia.

Over the longer term, key actors including the United States and European states should fundamentally rethink their flawed policy approaches to the Horn of Africa as a whole. These deeper issues are discussed below.[1]

To the Transitional Federal Government of Somalia

Launch an independent, impartial, and transparent investigation into allegations of serious human rights abuses committed by TFG security forces. Immediately suspend from office: Commissioner of Police Abdi Qeybdid and National Security Agency head Mohammed Warsame Darwish pending the outcome of this investigation. Hold accountable: TFG officials, whatever their rank, implicated in abuses.

Immediately issue clear, public orders and take all necessary steps to ensure that all TFG security forces and militias comply with international human rights and humanitarian law, including by ending extrajudicial killings, rapes, mistreatment of civilians, and pillaging and looting of civilian property. Forces currently responsible for such abuses include the National Security Agency, the Somali Police Force, the Presidential Guard, and militias beholden to TFG officials including the former mayor of Mogadishu.

Facilitate the access of civilians to humanitarian assistance by permitting full freedom of movement to humanitarian agencies and ending harassment and other interference with their relief work.
Cease all mistreatment of detainees and ensure that they have access to family members and adequate medical care while in detention. Immediately and publicly communicate these instructions to all police and other security forces.

Immediately close the NSA detention facility at the Baarista Hisbiga, where abusive conditions of detention are systematic. Charge with cognizable criminal offenses or release all current NSA detainees. Those charged should be transferred to other detention facilities.
Immediately allow independent monitoring of detention facilities.
Invite the UN Office of the High Commissioner for Human Rights to increase the number of staff monitoring and reporting on human rights abuses in Somalia.

To the Alliance for the Re-Liberation of Somalia

Issue clear orders and take all necessary steps to ensure that armed forces under ARS control comply with international humanitarian law and halt all human rights abuses.

Establish mechanisms to ensure that forces under ARS control, including their commanders, are held accountable for violations of international humanitarian law and serious human rights abuses.
Immediately allow independent monitoring of detention facilities in areas under ARS control.

Ensure that all civilians in need have access to humanitarian assistance by permitting humanitarian agencies freedom of movement.

To Al-Shabaab and other Insurgent groups

Take all necessary steps to ensure compliance with international humanitarian law, including by:

- Ceasing using civilians as "human shields" or placing them at unnecessary risk by launching attacks and firing mortars from heavily populated areas;

- Ending mortar and other attacks that do not or cannot discriminate between combatants and civilians;

- Facilitating the departure of civilians to safer areas during military operations;

- Halting death threats and targeted killings of civilians, including journalists, aid workers, and civilian TFG officials.

Appropriately hold to account insurgent commanders and personnel who commit violations of international humanitarian law.

Facilitate the access of civilians to humanitarian assistance by permitting full freedom of movement to humanitarian agencies and ending harassment and other interference with their relief work.

To the government of the Federal Democratic Republic of Ethiopia

Issue clear public orders and take all necessary steps to ensure compliance with international humanitarian law, including by:

- Ending all attacks, particularly artillery and rocket bombardments, that do not or cannot discriminate between combatants and civilians or in which the expected civilian harm is excessive compared to the use of concrete and direct military gain anticipated;

- Ceasing placing civilians at unnecessary risk by basing Ethiopian troops near heavily populated areas;

- Acting to prevent abuses by TFG forces during joint military operations, such as house-to-house searches. In particular, cease the use of area bombardments of populated areas of Mogadishu.

Investigate and discipline or prosecute as appropriate military personnel, regardless of rank, who are responsible for violations of international humanitarian law including those who may be held accountable as a matter of command responsibility.

Ensure that all commanders and troops receive appropriate training in international humanitarian law.

To the government of the United States, the European Union and its member states, the European Commission, the African Union, and the Arab League

Publicly condemn violations of international humanitarian and human rights law by all parties to the conflict in Somalia.

Support measures to promote accountability and end impunity for serious abuses in Somalia, including through the establishment of an independent and impartial commission of inquiry to investigate and map serious crimes and recommend further measures to improve accountability.

Publicly and privately demand that TFG, Ethiopian, and ARS officials take all necessary and appropriate steps to halt serious abuses by forces under their control and ensure accountability for abuses where they do occur.
Specifically call on the Transitional Federal Government to ensure that their forces cease abuses against all persons in custody.

In the case of the European Commission, refrain from applying any pressure on the United Nations Development Program to provide additional direct support to the abusive Somali Police Force and other TFG forces.

In the case of the US, investigate reports of abuses by Ethiopian forces, identify the specific units involved, and ensure that they receive no assistance or training from the United States until the Ethiopian government takes effective measures to bring those responsible to justice, as required under the "Leahy law," which prohibits US military assistance to foreign military units that violate human rights with impunity.

To the United Nations

To the UN Security Council

Establish an independent and impartial commission of inquiry to investigate and map serious crimes and recommend further measures to improve accountability.

Publicly condemn violations of international humanitarian and human rights law by all parties to the conflict in Somalia.

Encourage the Office of the High Commissioner for Human Rights to expand its capacity to carry out human rights monitoring and reporting work on Somalia.

To the UN Secretary-General

Support measures to promote accountability and end impunity for serious abuses in Somalia, including through the establishment of an independent and impartial commission of inquiry to investigate and map serious crimes and recommend further measures to improve accountability.

Support a further increase in the number of staff from the Office of the High Commissioner for Human Rights monitoring and publicly reporting on human rights abuses in Somalia.

To the UN Political Office for Somalia (UNPOS)

In supporting the Djibouti peace process, ensure that UNPOS does not take actions that would undermine its neutrality, which is vital for humanitarian agencies operating in Somalia.

Refrain from applying any pressure on the United Nations Development Program to provide additional direct support to the abusive Somali Police Force and other TFG forces.

To the United Nations Development Program (UNDP)

Do not provide any direct financial or material assistance to Somali Police Force officers who have not received UNDP-sponsored training as police officers that includes training on human rights in police work.

Ensure that all TFG personnel participating in UNDP-funded training programs have been screened for human rights abuses.

Halt all direct financial support to the Somali Police Force through UNDP's Rule of Law and Security (RoLS) program until, at a minimum, the following conditions are met:

- Effective mechanisms are put in place to ensure an effective response to allegations of police abuses as they occur by donor governments supporting RoLS;

- Commissioner of Police Abdi Qeybdid is suspended from office pending the results of an independent, impartial, and transparent investigation into patterns of widespread human rights abuse implicating officers of the Somali Police Force;

- Independent monitors are granted unfettered access to all police detention facilities;

- TFG and police officials adequately respond to incidents of human rights abuse implicating Somali Police Force officers that have already been brought to their attention.

- Effective mechanisms are put in place to ensure the transparency of any stipend payments made by UNDP to Somali Police Force officers.

To the UN Office of the High Commissioner for Human Rights (OHCHR)

Increase the number of human rights officers monitoring and publicly reporting on human rights abuses in Somalia, and include staff with expertise on child and minority protection and sexual and gender-based violence.

Ensure that monitoring of and public reporting on patterns of human rights abuse remains a central focus of OHCHR's efforts on Somalia. To the extent that monitoring inside Somalia is not possible due to security concerns, make a concerted effort to focus on documenting the experiences of refugees in Kenya, Djibouti, and Yemen and of displaced people in Somaliland.

Notes

[1] See below, The Role of International Actors in Somalia

Note
Picture: HRW Report